What is the name of your state (only U.S. law)? NY, SUFFOLK COUNTY
One day in July, 2009, I left my house to get something to eat and when I got back I noticed that my house had been broken into, and the whole house was a mess as if I had been burglarized. When I went into the house my three dogs were gone with no explanation whatsoever. No note was left, no search warrant was furnished; there was no indication whatsoever as to who had broken into my house, stolen my dogs, and ransacked my home. Every door in my house was broken open. Dog food and water (from the dogs’ food bowls) were tipped over and thrown all over my house as was my clean laundry; it seemed like they made the house look like a disaster in order to support a case against me (i.e. that the house I lived in was unfit for living). It was a complete mess and I was so scared not knowing who it was that had done this. When i stepped outside onto my porch, I noticed a card on the ground which stated that the ASPCA had taken my dogs and that I needed to call the ASPCA if I wanted my dogs back.
I went to the local pound and my dogs were, indeed, at the local pound. I spoke to the person there and she told me I needed to call the ASPCA to have my dogs released to me.
When I called the ASPCA, an appointment was made to meet with an ASPCA representative. I was also told on the phone that I only had to do a few things in order to get my dogs back; he didn’t mention what these things were and told me that we would talk about it when we met. When I met with the ASPCA representative, I was met with police officers and was arrested for animal cruelty.
The man that had called the ASPCA on me had his own personal reasons for falsely accusing me of animal cruelty. He was a neighbor with whom I had had disputes with in the past. The dogs did look sickly but this was because they had cancer; I was taking care of dogs with cancerous tumors. As you know, cancer tends to make its victims look and feel sickly. However, the dogs did not look so sickly that one would suspect that they were not being fed and taken care of properly; the dogs had a lot of energy always jumping around and licking you to death. So the dogs were obviously fed properly otherwise how could they have had so much energy?
I was arrested and jailed for three weeks. This arrest and jailing came a few months after I had been hit by a car and broke my leg, pelvis, bones in my back and rib; I was still recovering from the accident so this arrest couldn’t have come at a worse time in my life since I could barely walk. I was told by the police that I could not retain my own personal lawyer; i was forced to use the public defender. I told the police officers that I have the right to retain my own counsel but they told me I did not.
During my first appearance in court, I told the judge that I had my own lawyer and the judge told me that I had to keep the public defender because I was on disability (he said, how could you afford your own lawyer?). I told him that I do have my own lawyer and asked him to be released on my own recognizance since I had never been charged or convicted with a crime before. The judge said NO and released me on an intern probation deal. So, I had to sign an agreement which stated that I would be on probation until the case had been resolved. So, after three weeks in jail, I was released after making a deal to go to see a probation officer once a week.
During my next appearance in court, I told the judge that I was innocent and that my dogs were sick with cancer and so maybe that’s why they may have looked sickly; the judge refused to admit evidence showing that my dogs had been diagnosed with cancer by a vet a year prior. The judge insisted that whether the dogs had cancer has nothing to do with the case and so he would not take my proof of cancer into evidence. The evidence would also have shown that the dogs were on a special diet (created by the vet) which consisted of dog food that contained no dyes.
While I was out of jail, I spoke to my lawyer who told me that he had been trying to contact me and that the authorities (the jail and the court) were preventing him from getting in contact with me by telling him that I was not being held at that particular jail. Any letters I tried writing to my lawyer while I was in jail were never received by my lawyer.
In our most recent appearance in court, the judge wanted me to agree to a plea bargain which would mean that I plead guilty to a lesser charge and I would get a year of supervised probation. After the year, the charge would be reduced again to an even lesser charge and after a certain period of time it would end up showing no criminal record at all.
I don't want to plead guilty to something I am not guilty of. I loved my dogs and took care of them the best I could given their dwindling healths. What should I do here? I am told that if I push forward with a not guilty plea, that I could face up to 2 years in jail per dog. So I am facing 6 years for something I am not guilty of. I know the easy way out would be to just take the deal but I AM NOT GUILTY!
Are there violations here made by the ASPCA and police? They broke into my house and literally stole my dogs while I wasn't there. Can they legally do this? Can they deny me the lawyer of my choosing? Can the judge just keep out evidence that I think is so important to my case? (namely, that my dogs had cancer?). Can I sue the man who initially called the ASPCA and filed a false report? Do i need a new lawyer? I would think that as soon as he realized that the police were trying to keep him from seeing his client, he could file some kind of paper with a judge to make the police let him see me; my lawyer told me that he filed a paper with the judge but that the judge denied his request; my lawyer seemed to be as powerless in getting in touch with me as I was in getting in touch with him. Does this seem right?
Is our justice system such that a person can be falsely accused of something and have to plead it out anyways and be charged with something he didn't do because a judge refuses to admit evidence that would show that he/she was not guilty?
Thank you all in advance for reading my story. I really would like some advice. Thanks
One day in July, 2009, I left my house to get something to eat and when I got back I noticed that my house had been broken into, and the whole house was a mess as if I had been burglarized. When I went into the house my three dogs were gone with no explanation whatsoever. No note was left, no search warrant was furnished; there was no indication whatsoever as to who had broken into my house, stolen my dogs, and ransacked my home. Every door in my house was broken open. Dog food and water (from the dogs’ food bowls) were tipped over and thrown all over my house as was my clean laundry; it seemed like they made the house look like a disaster in order to support a case against me (i.e. that the house I lived in was unfit for living). It was a complete mess and I was so scared not knowing who it was that had done this. When i stepped outside onto my porch, I noticed a card on the ground which stated that the ASPCA had taken my dogs and that I needed to call the ASPCA if I wanted my dogs back.
I went to the local pound and my dogs were, indeed, at the local pound. I spoke to the person there and she told me I needed to call the ASPCA to have my dogs released to me.
When I called the ASPCA, an appointment was made to meet with an ASPCA representative. I was also told on the phone that I only had to do a few things in order to get my dogs back; he didn’t mention what these things were and told me that we would talk about it when we met. When I met with the ASPCA representative, I was met with police officers and was arrested for animal cruelty.
The man that had called the ASPCA on me had his own personal reasons for falsely accusing me of animal cruelty. He was a neighbor with whom I had had disputes with in the past. The dogs did look sickly but this was because they had cancer; I was taking care of dogs with cancerous tumors. As you know, cancer tends to make its victims look and feel sickly. However, the dogs did not look so sickly that one would suspect that they were not being fed and taken care of properly; the dogs had a lot of energy always jumping around and licking you to death. So the dogs were obviously fed properly otherwise how could they have had so much energy?
I was arrested and jailed for three weeks. This arrest and jailing came a few months after I had been hit by a car and broke my leg, pelvis, bones in my back and rib; I was still recovering from the accident so this arrest couldn’t have come at a worse time in my life since I could barely walk. I was told by the police that I could not retain my own personal lawyer; i was forced to use the public defender. I told the police officers that I have the right to retain my own counsel but they told me I did not.
During my first appearance in court, I told the judge that I had my own lawyer and the judge told me that I had to keep the public defender because I was on disability (he said, how could you afford your own lawyer?). I told him that I do have my own lawyer and asked him to be released on my own recognizance since I had never been charged or convicted with a crime before. The judge said NO and released me on an intern probation deal. So, I had to sign an agreement which stated that I would be on probation until the case had been resolved. So, after three weeks in jail, I was released after making a deal to go to see a probation officer once a week.
During my next appearance in court, I told the judge that I was innocent and that my dogs were sick with cancer and so maybe that’s why they may have looked sickly; the judge refused to admit evidence showing that my dogs had been diagnosed with cancer by a vet a year prior. The judge insisted that whether the dogs had cancer has nothing to do with the case and so he would not take my proof of cancer into evidence. The evidence would also have shown that the dogs were on a special diet (created by the vet) which consisted of dog food that contained no dyes.
While I was out of jail, I spoke to my lawyer who told me that he had been trying to contact me and that the authorities (the jail and the court) were preventing him from getting in contact with me by telling him that I was not being held at that particular jail. Any letters I tried writing to my lawyer while I was in jail were never received by my lawyer.
In our most recent appearance in court, the judge wanted me to agree to a plea bargain which would mean that I plead guilty to a lesser charge and I would get a year of supervised probation. After the year, the charge would be reduced again to an even lesser charge and after a certain period of time it would end up showing no criminal record at all.
I don't want to plead guilty to something I am not guilty of. I loved my dogs and took care of them the best I could given their dwindling healths. What should I do here? I am told that if I push forward with a not guilty plea, that I could face up to 2 years in jail per dog. So I am facing 6 years for something I am not guilty of. I know the easy way out would be to just take the deal but I AM NOT GUILTY!
Are there violations here made by the ASPCA and police? They broke into my house and literally stole my dogs while I wasn't there. Can they legally do this? Can they deny me the lawyer of my choosing? Can the judge just keep out evidence that I think is so important to my case? (namely, that my dogs had cancer?). Can I sue the man who initially called the ASPCA and filed a false report? Do i need a new lawyer? I would think that as soon as he realized that the police were trying to keep him from seeing his client, he could file some kind of paper with a judge to make the police let him see me; my lawyer told me that he filed a paper with the judge but that the judge denied his request; my lawyer seemed to be as powerless in getting in touch with me as I was in getting in touch with him. Does this seem right?
Is our justice system such that a person can be falsely accused of something and have to plead it out anyways and be charged with something he didn't do because a judge refuses to admit evidence that would show that he/she was not guilty?
Thank you all in advance for reading my story. I really would like some advice. Thanks